What are DMCA Compliance Requirements?

The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:

·       A detailed description of the copyrighted work you believe is being infringed upon;

·       A description of the location of where the alleged infringing content appears;

·       Your contact information (including name, address, telephone number, and email address);

·       A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;

·       A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and

·       An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.

For more information, see our blog post, What is required to comply with the DMCA?

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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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